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S7923 - Summary

Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or administration of medical marihuana by a designated caregiver for a certified medical use; prescribes procedures for such possession, acquisition, etc. including certification of patients by their practitioner, and that, in the practitioner's professional judgment, the patient would receive therapeutic or palliative benefit from use of medical marihuana.

S7923 - Sponsor Memo

BILL NUMBER:S7923
TITLE OF BILL: An act to amend the public health law, the tax law,
the state finance law, the general business law, the penal law and the
criminal procedure law, in relation to medical use of marihuana; and
providing for the repeal of such provisions upon expiration thereof
Purpose:
This bill would comprehensively regulate the manufacture, sale and use
of medical marihuana. It would strike the right balance between
potentially relieving the pain and suffering of those in desperate
need of a treatment and protecting the public against risks to its
health and safety. The balance would be maintained by granting
discretion to physicians to prescribe in accordance with regulatory
requirements and medical norms, empowering the Department of Health to
oversee the regimen of medical marihuana usage and leaving to the
Governor, the final say in seeing that the public's safety and health
are protected by authorizing him to discontinue the program, in whole
or in part, should risks to the public so warrant.
Summary of Provisions:
The bill would create a new Title V-A in Article 33 of the Public
Health Law entitled "Medical Use of Marihuana," a comprehensive
regulatory structure governing every aspect of the medical use of

marihuana.
Certification: A patient would have to be certified by a practitioner
in order to obtain medical marihuana. A practitioner would be a
physician, trained by and registered with the Department of Health
(DOH), licensed by the State and qualified to treat the serious
condition for which the patient is seeking treatment. A certification
could be issued only to a patient with a serious condition, which is
limited to a defined list of conditions. The Commissioner of Health
(Commissioner) may add additional conditions or symptoms to the list.
The patient would have to be under the practitioner's continuing care
for the serious condition.
The bill would establish the form of the certification. In making the
certification, the practitioner must consider the appropriate form and
dosage of medical marihuana. Any form of medical marihuana not
approved by the Commissioner would be prohibited, and smoking would be
prohibited. The dosage must be consistent with guidance issued by the
Commissioner, and the patient would not be allowed to possess an
amount of medical marihuana in excess of a 30 day supply of the
dosage. Additionally, the patient would be required to keep the
medical marihuana in the original packaging in which it was dispensed.
Registry Identification Cards: Upon approval of the certification, DOH
would issue registration identification cards. Patients or designated
caregivers would have to apply to DOH for a card, on an application
determined by the Commissioner. If a patient wishes to change or
terminate a certified caregiver, the patient would be required to
notify the Department, which would notify the caregiver that the
caregiver's card is invalid and must be returned to the Department.
The registry identification card would expire one year after the date
the certification is signed. The card would contain any recommendation
or limitation on form or dosage imposed by the practitioner as well as
other information. A patient or caregiver would have to notify the
Department of any change in name or address or if the patient ceases
to have the serious condition noted on the certification, at which
point the card would have to be returned to the Department. A patient
would be required to carry his or her registration card when in
possession of the medical marihuana.
The Department would maintain a confidential list of persons issued a
registry identification card, and individual identifying information
obtained by the Department would be exempt from disclosure under
Article Six of the Public Officers Law. The Department would be able
to suspend or revoke the card of a patient or caregiver who willfully
violates any provision of the new Title.
Registered Organizations: A registered organization would be a
for-profit business entity or not-for-profit corporation that would
acquire, possess, manufacture, sell, deliver, transport, distribute,
or dispense medical marihuana. Registered organizations would be able
to dispense medical marihuana to individuals who present a registry
identification card and would provide the patient or caregiver with a
receipt, which would also be provided to the Department. A safety
insert would also be provided to the patient or caregiver. The
organization would not be able to dispense an amount greater than a
thirty day supply to a patient. The medical marihuana would be
dispensed in a sealed and properly labeled package. All manufacturing
and dispensing of medical marihuana by registered organizations would
take place in New York State. The Commissioner is authorized to
promulgate regulations restricting the advertising and marketing of
medical marihuana.
Registered organizations would register with the Department on a form
determined by the Commissioner. Registered organizations would also be
under a continuing obligation to report any changes in facts or
circumstances reflected in the application either during the
application process or once registration has been granted. The
Commissioner would grant applications only when the Commissioner is
satisfied that the applicant would be able to conform to a delineated
list of requirements. Registrations would be valid for two years at a
time and would be renewable. A registration will be suspended or
revoked if the organization fails to comply with applicable state
laws. The Commissioner would be able to register up to five
organizations that each operate four dispensaries, and would be able
to allow additional registered organizations and dispensaries.
Registered organizations would be required to file reports with the
Department and would have to comply with security and record keeping
requirements determined through regulation by the Commissioner.
Other Provisions:
*Health insurers would not be required to provide coverage for medical
marihuana.
*The Commissioner would have authority to issue any necessary
regulations to implement the Title's provisions and would also set a
price for medical marihuana.
*Registration identifications and registrations for organizations
would be issued 18 months after the effective date of the bill, unless
the Commissioner certifies that the Title could not be implemented in
accordance with public health and safety interests. The Governor
would also be allowed to suspend or terminate any provisions of the
Title based on the recommendations of the Commissioner or
Superintendent.
*The medical marihuana program would be integrated into the successful
existing I-STOP program.
*There would be a new article in the Tax Law, Article 20-B, which
would impose an excise tax on every sale of medical marihuana by a
registered organization to a certified patient or designated
caregiver. The excise tax, which would be charged against and paid by
the organization, would equal 7% of the gross receipts attributable to
the sale of the medical marihuana to the certified patient or
designated caregiver. The provisions in proposed new Article 20-B also
include the procedural rules necessary to administer and enforce the
excise new tax.
*The bill would establish the Medical Marihuana Trust Fund - in
Section 89-h of the State Finance Law that would consist of the
proceeds of the excise tax. The moneys of the medical marihuana trust
fund, following appropriation by the Legislature, would be allocated
as follows: 22.5% to the counties in New York in which the medical
marihuana was manufactured; 22.5% to the counties in New York in which
the medical marihuana was dispensed; 5% to the Office of Alcoholism
and Substance Abuse Services to be used for additional drug abuse
prevention, counseling and treatment services; and 5% to the Division
of Criminal Justice Services to be used for a program of discretionary
grants to state and local law enforcement agencies that demonstrate a
need relating to Title V-A of Article 33 of the Public Health Law.
*The Penal Law would be amended to create a class E felony for a
practitioner to issue a certification when the practitioner knows or
has reason to know that the patient has no medical need for the
certification, or that the certification was requested for a purpose
other than to treat a serious condition. It would be a class B
misdemeanor for a person to transfer medical marihuana to an
individual who the person knows or has reasonable grounds to know is
not authorized to possess medical marihuana. It would be a class A
misdemeanor for patients or caregivers to retain an amount of
marihuana in excess of the amount they are authorized to possess.
Existing Law:
Article 221 of the Penal Law governs the possession and sale of
marihuana.
Justification:
Medical marihuana has the potential to alleviate the pain and
suffering of New Yorkers afflicted with serious illnesses. Numerous
other states have recognized the therapeutic and palliative benefits
of medical marihuana. Any system allowing medical marihuana, however,
must be strictly regulated to avoid any undue risks or negative
consequences to the public health and public safety. This bill would
create a comprehensive, regulated framework for providing medical
marihuana to individuals who stand to benefit most from its use.
The bill would regulate practitioners, patients and organizations that
participate in the medical marihuana system. It would also provide
that the program would not begin until the Commissioner and the
Superintendent of State Police certify that the system can be
administered consistent with public health and safety interests. It
would also provide the Commissioner substantial regulatory authority
to ensure the system is administered safely.
Notably, this bill prohibits smoking medical marihuana. The negative
health consequences of smoking of marihuana are well-established. As
the National Institute for Drug Abuse notes, "The smoke of marijuana,
like that of tobacco, consists of a toxic mixture of gases and
particulates, many of which are known to be harmful to the lungs." In
addition to its direct negative effects on users' health, the
widespread smoking of medical marihuana has the potential to undermine
New York State's decades-long and successful effort to decrease
smoking more broadly. However well-intentioned, any effort that
reduces the stigma associated with smoking, and that has the potential
to lead to an increase in smoking rates among New Yorkers, especially
young New Yorkers, presents an unwarranted public health risk. This
legislation would avoid that risk.
Legislative History:
This is a new bill.
Budget Implications:
Any State Fiscal Year 2014-2015 expenses associated with this bill
would be paid for by existing state resources, and ongoing expenses
would be funded through the excise tax revenues and application fees.
Effective Date:
This bill would take effect immediately, subject to the necessary
certifications by the Commissioner and Superintendent. This bill would
sunset in 7 years.

S T A T E O F N E W Y O R K
________________________________________________________________________
7923
I N S E N A T E
June 19, 2014
___________
Introduced by Sen. SAVINO -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT to amend the public health law, the tax law, the state finance
law, the general business law, the penal law and the criminal proce-
dure law, in relation to medical use of marihuana; and providing for
the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 33 of the public health law is amended by adding a
new title 5-A to read as follows:
TITLE V-A
MEDICAL USE OF MARIHUANA
SECTION 3360. DEFINITIONS.
3361. CERTIFICATION OF PATIENTS.
3362. LAWFUL MEDICAL USE.
3363. REGISTRY IDENTIFICATION CARDS.
3364. REGISTERED ORGANIZATIONS.
3365. REGISTERING OF REGISTERED ORGANIZATIONS.
3366. REPORTS BY REGISTERED ORGANIZATIONS.
3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
3368. RELATION TO OTHER LAWS.
3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
3369-A. REGULATIONS.
3369-B. EFFECTIVE DATE.
3369-C. SUSPEND; TERMINATE.
3369-D. PRICING.
3369-E. SEVERABILITY.
S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
1. "CERTIFIED MEDICAL USE" MEANS THE ACQUISITION, POSSESSION, USE, OR,
TRANSPORTATION OF MEDICAL MARIHUANA BY A CERTIFIED PATIENT, OR THE
ACQUISITION, POSSESSION, DELIVERY, TRANSPORTATION OR ADMINISTRATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD12117-01-4
S. 7923 2
MEDICAL MARIHUANA BY A DESIGNATED CAREGIVER, FOR USE AS PART OF THE
TREATMENT OF THE PATIENT'S SERIOUS CONDITION, AS AUTHORIZED IN A CERTIF-
ICATION UNDER THIS TITLE INCLUDING ENABLING THE PATIENT TO TOLERATE
TREATMENT FOR THE SERIOUS CONDITION. A CERTIFIED MEDICAL USE DOES NOT
INCLUDE SMOKING.
2. "CARING FOR" MEANS TREATING A PATIENT, IN THE COURSE OF WHICH THE
PRACTITIONER HAS COMPLETED A FULL ASSESSMENT OF THE PATIENT'S MEDICAL
HISTORY AND CURRENT MEDICAL CONDITION.
3. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS A RESIDENT OF NEW YORK
STATE OR RECEIVING CARE AND TREATMENT IN NEW YORK STATE AS DETERMINED BY
THE COMMISSIONER IN REGULATION, AND IS CERTIFIED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
4. "CERTIFICATION" MEANS A CERTIFICATION, MADE UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
5. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
FIED PATIENT IN A REGISTRY APPLICATION. A CERTIFIED PATIENT MAY DESIG-
NATE UP TO TWO DESIGNATED CAREGIVERS.
6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN REGULATION BY THE
COMMISSIONER.
7. (A) "SERIOUS CONDITION" MEANS:
(I) HAVING ONE OF THE FOLLOWING SEVERE DEBILITATING OR LIFE-THREATEN-
ING CONDITIONS: CANCER, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY
VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER-
OSIS, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
TISSUE OF THE SPINAL CORD WITH OBJECTIVE NEUROLOGICAL INDICATION OF
INTRACTABLE SPASTICITY, EPILEPSY, INFLAMMATORY BOWEL DISEASE, NEUROPA-
THIES, HUNTINGTON'S DISEASE, OR AS ADDED BY THE COMMISSIONER; AND
(II) ANY OF THE FOLLOWING CONDITIONS WHERE IT IS CLINICALLY ASSOCIATED
WITH, OR A COMPLICATION OF, A CONDITION UNDER THIS PARAGRAPH OR ITS
TREATMENT: CACHEXIA OR WASTING SYNDROME; SEVERE OR CHRONIC PAIN; SEVERE
NAUSEA; SEIZURES; SEVERE OR PERSISTENT MUSCLE SPASMS; OR SUCH CONDITIONS
AS ARE ADDED BY THE COMMISSIONER.
(B) NO LATER THAN EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSIONER SHALL DETERMINE WHETHER TO ADD THE FOLLOWING
SERIOUS CONDITIONS: ALZHEIMER'S, MUSCULAR DYSTROPHY, DYSTONIA,
POST-TRAUMATIC STRESS DISORDER AND RHEUMATOID ARTHRITIS.
8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, INTENDED FOR
A CERTIFIED MEDICAL USE, AS DETERMINED BY THE COMMISSIONER IN HIS OR HER
SOLE DISCRETION. ANY FORM OF MEDICAL MARIHUANA NOT APPROVED BY THE
COMMISSIONER IS EXPRESSLY PROHIBITED.
9. "REGISTERED ORGANIZATION" MEANS A REGISTERED ORGANIZATION UNDER
SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR AND THIRTY-THREE HUNDRED
SIXTY-FIVE OF THIS TITLE.
10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
FILED WITH THE DEPARTMENT BY A CERTIFIED PATIENT UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
11. "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS PROVIDED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
12. "PRACTITIONER" MEANS A PRACTITIONER WHO (I) IS A PHYSICIAN
LICENSED BY NEW YORK STATE AND PRACTICING WITHIN THE STATE, (II) WHO BY
TRAINING OR EXPERIENCE IS QUALIFIED TO TREAT A SERIOUS CONDITION AS
DEFINED IN SUBDIVISION SEVEN OF THIS SECTION; AND (III) HAS COMPLETED A
TWO TO FOUR HOUR COURSE AS DETERMINED BY THE COMMISSIONER IN REGULATION
AND REGISTERED WITH THE DEPARTMENT; PROVIDED HOWEVER, A REGISTRATION
S. 7923 3
SHALL NOT BE DENIED WITHOUT CAUSE. SUCH COURSE MAY COUNT TOWARD BOARD
CERTIFICATION REQUIREMENTS. THE COMMISSIONER SHALL CONSIDER THE INCLU-
SION OF NURSE PRACTITIONERS UNDER THIS TITLE BASED UPON CONSIDERATIONS
INCLUDING ACCESS AND AVAILABILITY. AFTER SUCH CONSIDERATION THE COMMIS-
SIONER IS AUTHORIZED TO DEEM NURSE PRACTITIONERS AS PRACTITIONERS UNDER
THIS TITLE.
13. "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR OR LESS IF
THE ILLNESS RUNS ITS NORMAL COURSE.
14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING
IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
15. "INDIVIDUAL DOSE" MEANS A SINGLE MEASURE OF RAW MEDICAL MARIHUANA
OR NON-INFUSED CONCENTRATES TO BE DETERMINED AND CLEARLY IDENTIFIED BY A
PATIENT'S PRACTITIONER FOR THE PATIENT'S SPECIFIC CERTIFIED CONDITION.
FOR INGESTIBLE OR SUB-LINGUAL MEDICAL MARIHUANA PRODUCTS, NO INDIVIDUAL
DOSE MAY CONTAIN MORE THAN TEN MILLIGRAMS OF TETRAHYDROCANNABINOL.
16. "FORM OF MEDICAL MARIHUANA" MEANS CHARACTERISTICS OF THE MEDICAL
MARIHUANA RECOMMENDED OR LIMITED FOR A PARTICULAR CERTIFIED PATIENT,
INCLUDING THE METHOD OF CONSUMPTION AND ANY PARTICULAR STRAIN, VARIETY,
AND QUANTITY OR PERCENTAGE OF MARIHUANA OR PARTICULAR ACTIVE INGREDIENT.
17. "APPLICANT" MEANS A FOR-PROFIT ENTITY OR NOT-FOR-PROFIT CORPO-
RATION AND INCLUDES: BOARD MEMBERS, OFFICERS, MANAGERS, OWNERS, PART-
NERS, PRINCIPAL STAKEHOLDERS AND MEMBERS WHO SUBMIT AN APPLICATION TO
BECOME A REGISTERED ORGANIZATION.
S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE ISSUED IF: (A) A PRACTITIONER HAS BEEN REGISTERED WITH THE DEPARTMENT
TO ISSUE A CERTIFICATION AS DETERMINED BY THE COMMISSIONER; (B) THE
PATIENT HAS A SERIOUS CONDITION, WHICH SHALL BE SPECIFIED IN THE
PATIENT'S HEALTH CARE RECORD; (C) THE PRACTITIONER BY TRAINING OR EXPE-
RIENCE IS QUALIFIED TO TREAT THE SERIOUS CONDITION; (D) THE PATIENT IS
UNDER THE PRACTITIONER'S CONTINUING CARE FOR THE SERIOUS CONDITION; AND
(E) IN THE PRACTITIONER'S PROFESSIONAL OPINION AND REVIEW OF PAST TREAT-
MENTS, THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENE-
FIT FROM THE PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF MARI-
HUANA FOR THE SERIOUS CONDITION.
2. THE CERTIFICATION SHALL INCLUDE (A) THE NAME, DATE OF BIRTH AND
ADDRESS OF THE PATIENT; (B) A STATEMENT THAT THE PATIENT HAS A SERIOUS
CONDITION AND THE PATIENT IS UNDER THE PRACTITIONER'S CARE FOR THE SERI-
OUS CONDITION; (C) A STATEMENT ATTESTING THAT ALL REQUIREMENTS OF SUBDI-
VISION ONE OF THIS SECTION HAVE BEEN SATISFIED; (D) THE DATE; AND (E)
THE NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER, AND
THE HANDWRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER. THE COMMIS-
SIONER MAY REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A
FORM PROVIDED BY THE DEPARTMENT. THE PRACTITIONER MAY STATE IN THE
CERTIFICATION THAT, IN THE PRACTITIONER'S PROFESSIONAL OPINION, THE
PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA ONLY UNTIL A SPECIFIED
DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION, THE PATIENT IS TERMINALLY ILL AND THAT
THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
3. IN MAKING A CERTIFICATION, THE PRACTITIONER SHALL CONSIDER THE FORM
OF MEDICAL MARIHUANA THE PATIENT SHOULD CONSUME, INCLUDING THE METHOD OF
CONSUMPTION AND ANY PARTICULAR STRAIN, VARIETY, AND QUANTITY OR PERCENT-
AGE OF MARIHUANA OR PARTICULAR ACTIVE INGREDIENT, AND APPROPRIATE
S. 7923 4
DOSAGE. THE PRACTITIONER SHALL STATE IN THE CERTIFICATION ANY RECOMMEN-
DATION OR LIMITATION THE PRACTITIONER MAKES, IN HIS OR HER PROFESSIONAL
OPINION, CONCERNING THE APPROPRIATE FORM OR FORMS OF MEDICAL MARIHUANA
AND DOSAGE.
4. EVERY PRACTITIONER SHALL CONSULT THE PRESCRIPTION MONITORING DRUG
PROGRAM REGISTRY PRIOR TO MAKING OR ISSUING A CERTIFICATION, FOR THE
PURPOSE OF REVIEWING A PATIENT'S CONTROLLED SUBSTANCE HISTORY. FOR
PURPOSES OF THIS SECTION, A PRACTITIONER MAY AUTHORIZE A DESIGNEE TO
CONSULT THE PRESCRIPTION MONITORING PROGRAM REGISTRY ON HIS OR HER
BEHALF, PROVIDED THAT SUCH DESIGNATION IS IN ACCORDANCE WITH SECTION
THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE.
5. THE PRACTITIONER SHALL GIVE THE CERTIFICATION TO THE CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
6. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
HIMSELF OR HERSELF.
7. A REGISTRY IDENTIFICATION CARD BASED ON A CERTIFICATION SHALL
EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
TITIONER.
8. (A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE
PRACTITIONER'S PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM
MEDICAL MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY
IDENTIFICATION CARD SHALL EXPIRE ON THAT DATE;
(B) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL AND THAT
THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES, THEN THE
REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS TERMINALLY
ILL AND THAT THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
DIES;
(C) IF THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE
CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION CARD
SHALL EXPIRE ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI-
FIED PATIENT TO THE DEPARTMENT;
(D) IF THE CERTIFICATION SO PROVIDES, THE REGISTRY IDENTIFICATION CARD
SHALL STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO
THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT; AND
(E) THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS SUBDIVI-
SION.
S 3362. LAWFUL MEDICAL USE. 1. THE POSSESSION, ACQUISITION, USE,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID
REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
UNDER THIS TITLE; PROVIDED THAT:
(A) THE MARIHUANA THAT MAY BE POSSESSED BY A CERTIFIED PATIENT SHALL
NOT EXCEED A THIRTY DAY SUPPLY OF THE DOSAGE AS DETERMINED BY THE PRAC-
TITIONER, CONSISTENT WITH ANY GUIDANCE AND REGULATIONS ISSUED BY THE
COMMISSIONER, PROVIDED THAT DURING THE LAST SEVEN DAYS OF ANY THIRTY DAY
PERIOD, THE CERTIFIED PATIENT MAY ALSO POSSESS UP TO SUCH AMOUNT FOR THE
NEXT THIRTY DAY PERIOD;
(B) THE MARIHUANA THAT MAY BE POSSESSED BY DESIGNATED CAREGIVERS DOES
NOT EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVI-
SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS;
(C) THE FORM OR FORMS OF MEDICAL MARIHUANA THAT MAY BE POSSESSED BY
THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER PURSUANT TO A CERTIF-
ICATION SHALL BE IN COMPLIANCE WITH ANY RECOMMENDATION OR LIMITATION BY
S. 7923 5
THE PRACTITIONER AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE
FOR THE CERTIFIED PATIENT IN THE CERTIFICATION; AND
(D) THE MEDICAL MARIHUANA SHALL BE KEPT IN THE ORIGINAL PACKAGE IN
WHICH IT WAS DISPENSED UNDER SUBDIVISION TWELVE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, EXCEPT FOR THE PORTION REMOVED FOR
IMMEDIATE CONSUMPTION FOR CERTIFIED MEDICAL USE BY THE CERTIFIED
PATIENT.
2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
(A) POSSESSION OF MEDICAL MARIHUANA SHALL NOT BE LAWFUL UNDER THIS
TITLE IF IT IS SMOKED, CONSUMED, VAPORIZED, OR GROWN IN A PUBLIC PLACE,
REGARDLESS OF THE FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S
CERTIFICATION.
(B) A PERSON POSSESSING MEDICAL MARIHUANA UNDER THIS TITLE SHALL
POSSESS HIS OR HER REGISTRY IDENTIFICATION CARD AT ALL TIMES WHEN IN
IMMEDIATE POSSESSION OF MEDICAL MARIHUANA.
S 3363. REGISTRY IDENTIFICATION CARDS. 1. UPON APPROVAL OF THE CERTIF-
ICATION, THE DEPARTMENT SHALL ISSUE REGISTRY IDENTIFICATION CARDS FOR
CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS. A REGISTRY IDENTIFICATION
CARD SHALL EXPIRE AS PROVIDED IN SECTION THIRTY-THREE HUNDRED SIXTY-ONE
OF THIS TITLE OR AS OTHERWISE PROVIDED IN THIS SECTION. THE DEPARTMENT
SHALL BEGIN ISSUING REGISTRY IDENTIFICATION CARDS AS SOON AS PRACTICABLE
AFTER THE CERTIFICATIONS REQUIRED BY SECTION THIRTY-THREE HUNDRED
SIXTY-NINE-B ARE GRANTED. THE DEPARTMENT MAY SPECIFY A FORM FOR A REGIS-
TRY APPLICATION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE FORM ON
REQUEST, REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM SHALL BE
AVAILABLE FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
2. TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A REGISTRY APPLICATION
WITH THE DEPARTMENT. THE REGISTRY APPLICATION OR RENEWAL APPLICATION
SHALL INCLUDE:
(A) IN THE CASE OF A CERTIFIED PATIENT:
(I) THE PATIENT'S CERTIFICATION (A NEW WRITTEN CERTIFICATION SHALL BE
PROVIDED WITH A RENEWAL APPLICATION);
(II) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
(III) THE DATE OF THE CERTIFICATION;
(IV) IF THE PATIENT HAS A REGISTRY IDENTIFICATION CARD BASED ON A
CURRENT VALID CERTIFICATION, THE REGISTRY IDENTIFICATION NUMBER AND
EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
(V) THE SPECIFIED DATE UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
(VI) THE NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, AND TELEPHONE
NUMBER OF THE CERTIFYING PRACTITIONER;
(VII) ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO THE
FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT;
AND
(VIII) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE
DEPARTMENT;
(B) IN THE CASE OF A CERTIFIED PATIENT, IF THE PATIENT DESIGNATES A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED CAREGIVER, AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT;
(C) IN THE CASE OF A DESIGNATED CAREGIVER:
(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
(II) IF THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT REGISTRY
IDENTIFICATION CARD; AND
S. 7923 6
(III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
(D) A STATEMENT THAT A FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
(E) THE DATE OF THE APPLICATION AND THE SIGNATURE OF THE CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE;
(F) A FIFTY DOLLAR APPLICATION FEE, PROVIDED, THAT THE DEPARTMENT MAY
WAIVE OR REDUCE THE FEE IN CASES OF FINANCIAL HARDSHIP; AND
(G) ANY OTHER REQUIREMENTS DETERMINED BY THE COMMISSIONER.
3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
(A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE
BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION
SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
(B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN
OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL
GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR
AVAILABLE.
4. NO PERSON MAY BE A DESIGNATED CAREGIVER IF THE PERSON IS UNDER
TWENTY-ONE YEARS OF AGE UNLESS A SUFFICIENT SHOWING IS MADE TO THE
DEPARTMENT THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED
CAREGIVER. THE REQUIREMENTS FOR SUCH A SHOWING SHALL BE DETERMINED BY
THE COMMISSIONER.
5. NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
FIED PATIENTS AT ONE TIME.
6. IF A CERTIFIED PATIENT WISHES TO CHANGE OR TERMINATE HIS OR HER
DESIGNATED CAREGIVER, FOR WHATEVER REASON, THE CERTIFIED PATIENT SHALL
NOTIFY THE DEPARTMENT AS SOON AS PRACTICABLE. THE DEPARTMENT SHALL ISSUE
A NOTIFICATION TO THE DESIGNATED CAREGIVER THAT THEIR REGISTRATION CARD
IS INVALID AND MUST BE PROMPTLY RETURNED TO THE DEPARTMENT. THE NEWLY
DESIGNATED CAREGIVER MUST COMPLY WITH ALL REQUIREMENTS SET FORTH IN THIS
SECTION.
7. IF THE CERTIFICATION SO PROVIDES, THE REGISTRY IDENTIFICATION CARD
SHALL CONTAIN ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO
THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT.
8. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS AS SOON AS REASONABLY
PRACTICABLE AFTER RECEIVING A COMPLETE APPLICATION UNDER THIS SECTION,
UNLESS IT DETERMINES THAT THE APPLICATION IS INCOMPLETE OR FACTUALLY
INACCURATE, IN WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
9. IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE OF THE APPLICA-
TION.
10. A REGISTRY IDENTIFICATION CARD SHALL:
(A) CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CARE-
GIVER AS THE CASE MAY BE;
(B) CONTAIN THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY
IDENTIFICATION CARD;
(C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER, AS THE CASE MAY BE AND A REGISTRY IDENTIFICA-
TION NUMBER;
(D) CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDEN-
TIFICATION CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPART-
S. 7923 7
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER, THAT IF THE DEPARTMENT REQUIRES CERTIFIED PATIENTS TO SUBMIT
PHOTOGRAPHS FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION
OF CERTIFIED PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR
MEDICAL CONDITIONS AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTO-
GRAPHS;
(E) BE A SECURE DOCUMENT AS DETERMINED BY THE DEPARTMENT;
(F) PLAINLY STATE ANY RECOMMENDATION OR LIMITATION BY THE PRACTITIONER
AS TO THE FORM OR FORMS OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED
PATIENT; AND
(G) ANY OTHER REQUIREMENTS DETERMINED BY THE COMMISSIONER.
11. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE
IN HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, IF HE OR
SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION
WITHIN TEN DAYS OF SUCH CHANGE. THE CERTIFIED PATIENT'S OR DESIGNATED
CAREGIVER'S REGISTRY IDENTIFICATION CARD SHALL BE DEEMED INVALID AND
SHALL BE RETURNED PROMPTLY TO THE DEPARTMENT.
12. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES HIS OR HER
REGISTRY IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT AND
SUBMIT A TWENTY-FIVE DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD TO
MAINTAIN THE REGISTRATION. THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR
ISSUING A NEW REGISTRY IDENTIFICATION CARD FOR SECOND AND SUBSEQUENT
REPLACEMENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR
REDUCE THE FEE IN CASES OF FINANCIAL HARDSHIP. THE DEPARTMENT SHALL
ISSUE A NEW REGISTRY IDENTIFICATION CARD AS SOON AS PRACTICABLE, WHICH
MAY CONTAIN A NEW REGISTRY IDENTIFICATION NUMBER, TO THE CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE. THE CERTIFIED
PATIENT OR DESIGNATED CAREGIVER SHALL NOT BE ABLE TO OBTAIN MEDICAL
MARIHUANA UNTIL THE CERTIFIED PATIENT RECEIVES A NEW CARD.
13. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL IDENTI-
FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY
NOTIFY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO
ANY VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
14. THE DEPARTMENT SHALL VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
15. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER
REGISTRY IDENTIFICATION CARD MAY BE SUSPENDED OR REVOKED. THIS IS IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
BE A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGANIZED
FOR THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING, DELIV-
ERING, TRANSPORTING, DISTRIBUTING OR DISPENSING MARIHUANA FOR CERTIFIED
MEDICAL USE.
2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A REGISTERED ORGANIZA-
TION UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL
BE LAWFUL UNDER THIS TITLE.
3. EACH REGISTERED ORGANIZATION SHALL CONTRACT WITH AN INDEPENDENT
LABORATORY TO TEST THE MEDICAL MARIHUANA PRODUCED BY THE REGISTERED
ORGANIZATION. THE COMMISSIONER SHALL APPROVE THE LABORATORY AND REQUIRE
S. 7923 8
THAT THE LABORATORY REPORT TESTING RESULTS IN A MANNER DETERMINED BY THE
COMMISSIONER. THE COMMISSIONER IS AUTHORIZED TO ISSUE REGULATION REQUIR-
ING THE LABORATORY TO PERFORM CERTAIN TESTS AND SERVICES.
4. (A) A REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT CERTIFIED PATIENT OR
DESIGNATED CAREGIVER. WHEN PRESENTED WITH THE REGISTRY IDENTIFICATION
CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
AND REGISTRY IDENTIFICATION NUMBER OF THE REGISTERED ORGANIZATION; THE
NAME AND REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE
DESIGNATED CAREGIVER (IF ANY); THE DATE THE MARIHUANA WAS SOLD; ANY
RECOMMENDATION OR LIMITATION BY THE PRACTITIONER AS TO THE FORM OR FORMS
OF MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT; AND THE FORM
AND THE QUANTITY OF MEDICAL MARIHUANA SOLD. THE REGISTERED ORGANIZATION
SHALL RETAIN A COPY OF THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT
FOR SIX YEARS.
(B) THE PROPRIETOR OF A REGISTERED ORGANIZATION SHALL FILE OR CAUSE TO
BE FILED ANY RECEIPT AND CERTIFICATION INFORMATION WITH THE DEPARTMENT
BY ELECTRONIC MEANS ON A REAL TIME BASIS AS THE COMMISSIONER SHALL
REQUIRE BY REGULATION. WHEN FILING RECEIPT AND CERTIFICATION INFORMATION
ELECTRONICALLY PURSUANT TO THIS PARAGRAPH, THE PROPRIETOR OF THE REGIS-
TERED ORGANIZATION SHALL DISPOSE OF ANY ELECTRONICALLY RECORDED
PRESCRIPTION INFORMATION IN SUCH MANNER AS THE COMMISSIONER SHALL BY
REGULATION REQUIRE.
5. (A) NO REGISTERED ORGANIZATION MAY SELL, DELIVER, DISTRIBUTE OR
DISPENSE TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER THAN THAT INDIVIDUAL WOULD BE ALLOWED TO
POSSESS UNDER THIS TITLE.
(B) WHEN DISPENSING MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIG-
NATED CAREGIVER, THE REGISTERED ORGANIZATION (I) SHALL NOT DISPENSE AN
AMOUNT GREATER THAN A THIRTY DAY SUPPLY TO A CERTIFIED PATIENT UNTIL THE
CERTIFIED PATIENT HAS EXHAUSTED ALL BUT A SEVEN DAY SUPPLY PROVIDED
PURSUANT TO A PREVIOUSLY ISSUED CERTIFICATION, AND (II) SHALL VERIFY THE
INFORMATION IN SUBPARAGRAPH (I) OF THIS PARAGRAPH BY CONSULTING THE
PRESCRIPTION MONITORING PROGRAM REGISTRY UNDER SECTION THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE.
(C) MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR DESIGNATED
CAREGIVER BY A REGISTERED ORGANIZATION SHALL CONFORM TO ANY RECOMMENDA-
TION OR LIMITATION BY THE PRACTITIONER AS TO THE FORM OR FORMS OF
MEDICAL MARIHUANA OR DOSAGE FOR THE CERTIFIED PATIENT.
6. WHEN A REGISTERED ORGANIZATION SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED CARE-
GIVER, IT SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE, BUT NOT BE
LIMITED TO, INFORMATION ON:
(A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA IN INDIVIDUAL DOSES,
(B) ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
(C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT FOR PROBLEMATIC USAGE,
AND
(D) OTHER INFORMATION AS DETERMINED BY THE COMMISSIONER.
7. REGISTERED ORGANIZATIONS SHALL NOT BE MANAGED BY OR EMPLOY ANYONE
WHO HAS BEEN CONVICTED OF ANY FELONY OF SALE OR POSSESSION OF DRUGS,
NARCOTICS, OR CONTROLLED SUBSTANCES PROVIDED THAT THIS SUBDIVISION ONLY
S. 7923 9
APPLIES TO (A) MANAGERS OR EMPLOYEES WHO COME INTO CONTACT WITH OR
HANDLE MEDICAL MARIHUANA, AND (B) A CONVICTION LESS THAN TEN YEARS (NOT
COUNTING TIME SPENT IN INCARCERATION) PRIOR TO BEING EMPLOYED, FOR WHICH
THE PERSON HAS NOT RECEIVED A CERTIFICATE OF RELIEF FROM DISABILITIES OR
A CERTIFICATE OF GOOD CONDUCT UNDER ARTICLE TWENTY-THREE OF THE
CORRECTION LAW.
8. MANUFACTURING OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION
SHALL ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY LOCATED IN
NEW YORK STATE, WHICH MAY INCLUDE A GREENHOUSE. THE COMMISSIONER SHALL
PROMULGATE REGULATIONS ESTABLISHING REQUIREMENTS FOR SUCH FACILITIES.
9. DISPENSING OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION SHALL
ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY LOCATED IN NEW YORK
STATE, WHICH MAY INCLUDE A GREENHOUSE. THE COMMISSIONER SHALL PROMUL-
GATE REGULATIONS ESTABLISHING REQUIREMENTS FOR SUCH FACILITIES.
10. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND
CLINICAL STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT QUALI-
TY, SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
11. A REGISTERED ORGANIZATION SHALL BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER.
12. MEDICAL MARIHUANA SHALL BE DISPENSED TO A CERTIFIED PATIENT OR
DESIGNATED CAREGIVER IN A SEALED AND PROPERLY LABELED PACKAGE. THE
LABELING SHALL CONTAIN: (A) THE INFORMATION REQUIRED TO BE INCLUDED IN
THE RECEIPT PROVIDED TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER BY
THE REGISTERED ORGANIZATION; (B) THE PACKAGING DATE; (C) ANY APPLICABLE
DATE BY WHICH THE MEDICAL MARIHUANA SHOULD BE USED; (D) A WARNING STAT-
ING, "THIS PRODUCT IS FOR MEDICINAL USE ONLY. WOMEN SHOULD NOT CONSUME
DURING PREGNANCY OR WHILE BREASTFEEDING EXCEPT ON THE ADVICE OF THE
CERTIFYING HEALTH CARE PRACTITIONER, AND IN THE CASE OF BREASTFEEDING
MOTHERS, INCLUDING THE INFANT'S PEDIATRICIAN. THIS PRODUCT MIGHT IMPAIR
THE ABILITY TO DRIVE. KEEP OUT OF REACH OF CHILDREN."; (E) THE AMOUNT OF
INDIVIDUAL DOSES CONTAINED WITHIN; AND (F) A WARNING THAT THE MEDICAL
MARIHUANA MUST BE KEPT IN THE ORIGINAL CONTAINER IN WHICH IT WAS
DISPENSED.
13. THE COMMISSIONER IS AUTHORIZED TO MAKE RULES AND REGULATIONS
RESTRICTING THE ADVERTISING AND MARKETING OF MEDICAL MARIHUANA, WHICH
SHALL BE CONSISTENT WITH THE FEDERAL REGULATIONS GOVERNING PRESCRIPTION
DRUG ADVERTISING AND MARKETING.
S 3365. REGISTERING OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED
ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
SHALL INCLUDE SUCH INFORMATION PREPARED IN SUCH MANNER AND DETAIL AS THE
COMMISSIONER MAY REQUIRE, INCLUDING BUT NOT LIMITED TO:
(I) A DESCRIPTION OF THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE AS A
REGISTERED ORGANIZATION;
(II) THAT THE APPLICANT:
(A) IS OF GOOD MORAL CHARACTER;
(B) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND EQUIP-
MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION, OR
IN THE ALTERNATIVE POSTS A BOND OF NOT LESS THAN TWO MILLION DOLLARS;
(C) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
S. 7923 10
(D) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
RELATING TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE
REGISTRATION;
(III) THAT THE APPLICANT HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH
A BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING
OR ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES. THE MAINTENANCE OF
SUCH A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF
CERTIFICATION.
(IV) THE APPLICANT'S STATUS UNDER SUBDIVISION ONE OF SECTION
THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE; AND
(V) THE APPLICATION SHALL INCLUDE THE NAME, RESIDENCE ADDRESS AND
TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH
SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
(A) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
YEARS OF A TEN PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS,
LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
(B) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF A
FELONY OR HAD A REGISTRATION OR LICENSE SUSPENDED OR REVOKED IN ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
(C) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REASONABLY REQUIRE.
2. DUTY TO REPORT. THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO
REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
3. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE
IS SATISFIED THAT:
(I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
DIVERSION OF MARIHUANA;
(II) THE APPLICANT WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE
LAWS;
(III) THE APPLICANT AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
REGISTRATION IS SOUGHT;
(IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND,
BUILDINGS AND EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
THE APPLICATION;
(V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED;
THE COMMISSIONER MAY CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZA-
TIONS IN AN AREA WILL BE ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE
AREA;
(VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER;
(VII) THE APPLICANT HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES; AND
(VIII) THE APPLICANT SATISFIES ANY OTHER CONDITIONS AS DETERMINED BY
THE COMMISSIONER.
(B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
S. 7923 11
(C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE A REASON-
ABLE AMOUNT DETERMINED BY THE DEPARTMENT IN REGULATIONS; PROVIDED,
HOWEVER, IF THE REGISTRATION IS ISSUED FOR A PERIOD GREATER THAN TWO
YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF
VALIDITY.
(D) REGISTRATIONS ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
FOR THE REGISTERED ORGANIZATION AND SHALL SPECIFY:
(I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
(II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION ARE PERMITTED BY
THE REGISTRATION;
(III) THE LAND, BUILDINGS AND FACILITIES THAT MAY BE USED FOR THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
(IV) SUCH OTHER INFORMATION AS THE COMMISSIONER SHALL REASONABLY
PROVIDE TO ASSURE COMPLIANCE WITH THIS TITLE.
(E) UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE WITHIN THE
STATE OR TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES
OR FACILITIES. THE FEE FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY
DOLLARS.
4. A REGISTRATION ISSUED UNDER THIS SECTION SHALL BE VALID FOR TWO
YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE
RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL
APPLICATION FOR A REGISTRATION, ISSUE SOME REGISTRATIONS WHICH MAY
REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
ING AN ADDITIONAL ELEVEN MONTHS.
5. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS
PRIOR TO THE EXPIRATION THEREOF. A LATE-FILED APPLICATION FOR THE
RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
(B) THE APPLICATION FOR RENEWAL SHALL INCLUDE SUCH INFORMATION
PREPARED IN THE MANNER AND DETAIL AS THE COMMISSIONER MAY REQUIRE,
INCLUDING BUT NOT LIMITED TO:
(I) ANY MATERIAL CHANGE IN THE CIRCUMSTANCES OR FACTORS LISTED IN
SUBDIVISION ONE OF THIS SECTION; AND
(II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL OR ADMINISTRATIVE
AGENCY WITH RESPECT TO:
(A) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
POSSIBLE DIVERSION OF MARIHUANA MANUFACTURED OR DISTRIBUTED BY THE
APPLICANT; AND
(B) COMPLIANCE BY THE APPLICANT WITH THE LAWS OF THE STATE WITH
RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
THIS ARTICLE.
(C) AN APPLICANT FOR RENEWAL SHALL BE UNDER A CONTINUING DUTY TO
REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
(D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN A REASON-
ABLY PRACTICABLE TIME AS DETERMINED BY THE COMMISSIONER, SERVE UPON THE
APPLICANT OR HIS OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR
CERTIFIED MAIL AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR
HER APPLICATION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECI-
S. 7923 12
FY IN DETAIL THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED THE
COMMISSIONER THAT THE REGISTRATION SHOULD BE RENEWED.
(E) WITHIN A REASONABLY PRACTICABLE TIME AS DETERMINED BY THE COMMIS-
SIONER OF SUCH ORDER, THE APPLICANT MAY SUBMIT ADDITIONAL MATERIAL TO
THE COMMISSIONER OR DEMAND A HEARING OR BOTH. IF A HEARING IS DEMANDED
THE COMMISSIONER SHALL FIX A DATE AS SOON AS REASONABLY PRACTICABLE.
6. GRANTING OF RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT:
(I) THE APPLICANT IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION; OR
(II) THE APPLICANT IS UNLIKELY TO COMPLY WITH ALL STATE LAWS APPLICA-
BLE TO THE ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION; OR
(III) IT IS NOT IN THE PUBLIC INTEREST TO RENEW THE REGISTRATION
BECAUSE THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA IS EXCESSIVE
TO REASONABLY SERVE THE AREA; OR
(IV) THE APPLICANT HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE
AGREEMENT.
(B) FOR PURPOSES OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA-
TION, DURING THE PERIOD OF ITS REGISTRATION, HAS FAILED TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION, VIOLATES ANY PROVISION OF THIS
ARTICLE, OR HAS KNOWINGLY OR NEGLIGENTLY FAILED TO COMPLY WITH APPLICA-
BLE STATE LAWS RELATING TO THE ACTIVITIES IN WHICH IT ENGAGES UNDER THE
REGISTRATION, SHALL CONSTITUTE GROUNDS FOR SUSPENSION OR TERMINATION OF
THE REGISTERED ORGANIZATION'S REGISTRATION AS DETERMINED BY THE COMMIS-
SIONER. THE REGISTERED ORGANIZATION SHALL ALSO BE UNDER A CONTINUING
DUTY TO REPORT TO THE DEPARTMENT ANY MATERIAL CHANGE OR FACT OR CIRCUM-
STANCE TO THE INFORMATION PROVIDED IN THE REGISTERED ORGANIZATION'S
APPLICATION.
7. THE DEPARTMENT MAY SUSPEND OR TERMINATE THE REGISTRATION OF A
REGISTERED ORGANIZATION, ON GROUNDS AND USING PROCEDURES UNDER THIS
ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
THE DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE EVENT
THAT A REGISTERED ORGANIZATION VIOLATES OR TERMINATES THE APPLICABLE
LABOR PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE WHICH MAY
VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND OR
TERMINATE A REGISTRATION.
8. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRATIONS FOR REGISTERED
ORGANIZATIONS AS SOON AS PRACTICABLE AFTER THE CERTIFICATIONS REQUIRED
BY SECTION THIRTY-THREE HUNDRED SIXTY-NINE-B OF THIS TITLE ARE GIVEN.
9. THE COMMISSIONER SHALL REGISTER NO MORE THAN FIVE REGISTERED ORGAN-
IZATIONS THAT MANUFACTURE MEDICAL MARIHUANA WITH NO MORE THAN FOUR
DISPENSING SITES WHOLLY OWNED AND OPERATED BY SUCH REGISTERED ORGANIZA-
TION. THE COMMISSIONER SHALL ENSURE THAT SUCH REGISTERED ORGANIZATIONS
AND DISPENSING SITES ARE GEOGRAPHICALLY DISTRIBUTED ACROSS THE STATE.
THE COMMISSION MAY REGISTER ADDITIONAL REGISTERED ORGANIZATIONS.
S 3366. REPORTS BY REGISTERED ORGANIZATIONS. 1. THE COMMISSIONER
SHALL, BY REGULATION, REQUIRE EACH REGISTERED ORGANIZATION TO FILE
REPORTS BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD. THE
COMMISSIONER SHALL DETERMINE THE INFORMATION TO BE REPORTED AND THE
FORMS, TIME, AND MANNER OF THE REPORTING.
2. THE COMMISSIONER SHALL, BY REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING, RECORD KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY, TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
S. 7923 13
S 3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
2. THE DEPARTMENT MAY DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA. PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON THE
PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
S 3368. RELATION TO OTHER LAWS. 1. (A) THE PROVISIONS OF THIS ARTICLE
SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
CONFLICTS WITH ANOTHER PROVISION OF THIS ARTICLE, THIS TITLE SHALL
APPLY.
(B) MEDICAL MARIHUANA SHALL NOT BE DEEMED TO BE A "DRUG" FOR PURPOSES
OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE AN INSURER OR
HEALTH PLAN UNDER THIS CHAPTER OR THE INSURANCE LAW TO PROVIDE COVERAGE
FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO
REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE TWENTY-FIVE OF THIS
CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
S 3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA. 1. CERTIFIED
PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
AND THE EMPLOYEES OF REGISTERED ORGANIZATIONS SHALL NOT BE SUBJECT TO
ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR
PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY
ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR
BUREAU, SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF MARIHUA-
NA, OR FOR ANY OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS TITLE.
2. NON-DISCRIMINATION. BEING A CERTIFIED PATIENT SHALL BE DEEMED TO BE
HAVING A "DISABILITY" UNDER ARTICLE FIFTEEN OF THE EXECUTIVE LAW (HUMAN
RIGHTS LAW), SECTION FORTY-C OF THE CIVIL RIGHTS LAW, SECTIONS 240.00,
485.00, AND 485.05 OF THE PENAL LAW, AND SECTION 200.50 OF THE CRIMINAL
PROCEDURE LAW. THIS SUBDIVISION SHALL NOT BAR THE ENFORCEMENT OF A POLI-
CY PROHIBITING AN EMPLOYEE FROM PERFORMING HIS OR HER EMPLOYMENT DUTIES
WHILE IMPAIRED BY A CONTROLLED SUBSTANCE. THIS SUBDIVISION SHALL NOT
REQUIRE ANY PERSON OR ENTITY TO DO ANY ACT THAT WOULD PUT THE PERSON OR
ENTITY IN VIOLATION OF FEDERAL LAW OR CAUSE IT TO LOSE A FEDERAL
CONTRACT OR FUNDING.
3. THE FACT THAT A PERSON IS A CERTIFIED PATIENT AND/OR ACTING IN
ACCORDANCE WITH THIS TITLE, SHALL NOT BE A CONSIDERATION IN A PROCEEDING
PURSUANT TO APPLICABLE SECTIONS OF THE DOMESTIC RELATIONS LAW, THE
SOCIAL SERVICES LAW AND THE FAMILY COURT ACT.
4. CERTIFICATION APPLICATIONS, CERTIFICATION FORMS, ANY CERTIFIED
PATIENT INFORMATION CONTAINED WITHIN A DATABASE, AND COPIES OF REGISTRY
IDENTIFICATION CARDS SHALL BE DEEMED EXEMPT FROM PUBLIC DISCLOSURE UNDER
SECTIONS EIGHTY-SEVEN AND EIGHTY-NINE OF THE PUBLIC OFFICERS LAW.
S 3369-A. REGULATIONS. THE COMMISSIONER SHALL MAKE REGULATIONS TO
IMPLEMENT THIS TITLE.
S 3369-B. EFFECTIVE DATE. REGISTRY IDENTIFICATION CARDS OR REGISTERED
ORGANIZATION REGISTRATIONS SHALL BE ISSUED OR BECOME EFFECTIVE NO LATER
THAN EIGHTEEN MONTHS FROM SIGNING OR UNTIL SUCH TIME AS THE COMMISSIONER
S. 7923 14
AND THE SUPERINTENDENT OF STATE POLICE CERTIFY THAT THIS TITLE CAN BE
IMPLEMENTED IN ACCORDANCE WITH PUBLIC HEALTH AND SAFETY INTERESTS,
WHICHEVER EVENT COMES LATER.
S 3369-C. SUSPEND; TERMINATE. BASED UPON THE RECOMMENDATION OF THE
COMMISSIONER AND/OR THE SUPERINTENDENT OF STATE POLICE THAT THERE IS A
RISK TO THE PUBLIC HEALTH OR SAFETY, THE GOVERNOR MAY IMMEDIATELY TERMI-
NATE ALL LICENSES ISSUED TO REGISTERED ORGANIZATIONS.
S 3369-D. PRICING. 1. EVERY SALE OF MEDICAL MARIHUANA SHALL BE AT THE
PRICE DETERMINED BY THE COMMISSIONER. EVERY CHARGE MADE OR DEMANDED FOR
MEDICAL MARIHUANA NOT IN ACCORDANCE WITH THE PRICE DETERMINED BY THE
COMMISSIONER, IS PROHIBITED.
2. THE COMMISSIONER IS HEREBY AUTHORIZED TO SET THE PER DOSE PRICE OF
EACH FORM OF MEDICAL MARIHUANA SOLD BY ANY REGISTERED ORGANIZATION. IN
SETTING THE PER DOSE PRICE OF EACH FORM OF MEDICAL MARIHUANA, THE
COMMISSIONER SHALL CONSIDER THE FIXED AND VARIABLE COSTS OF PRODUCING
THE FORM OF MARIHUANA AND ANY OTHER FACTOR THE COMMISSIONER, IN HIS OR
HER DISCRETION, DEEMS RELEVANT TO DETERMINING THE PER DOSE PRICE OF EACH
FORM OF MEDICAL MARIHUANA.
S 3369-E. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE
THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE
CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART THEREOF DIRECTLY INVOLVED
IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
S 3. Subdivision 2 of section 3371 of the public health law, as added
by section 5 of part A of chapter 447 of the laws of 2012, is amended to
read as follows:
2. The prescription monitoring program registry may be accessed, under
such terms and conditions as are established by the department for
purposes of maintaining the security and confidentiality of the informa-
tion contained in the registry, by:
(a) a practitioner, or a designee authorized by such practitioner
pursuant to paragraph (b) of subdivision two of section thirty-three
hundred forty-three-a OR SECTION THIRTY-THREE HUNDRED SIXTY-ONE of this
article, for the purposes of: (i) informing the practitioner that a
patient may be under treatment with a controlled substance by another
practitioner; (ii) providing the practitioner with notifications of
controlled substance activity as deemed relevant by the department,
including but not limited to a notification made available on a monthly
or other periodic basis through the registry of controlled substances
activity pertaining to his or her patient; (iii) allowing the practi-
tioner, through consultation of the prescription monitoring program
registry, to review his or her patient's controlled substances history
as required by section thirty-three hundred forty-three-a OR SECTION
THIRTY-THREE HUNDRED SIXTY-ONE of this article; and (iv) providing to
his or her patient, or person authorized pursuant to paragraph (j) of
subdivision one of this section, upon request, a copy of such patient's
controlled substance history as is available to the practitioner through
the prescription monitoring program registry; or
(b) a pharmacist, pharmacy intern or other designee authorized by the
pharmacist pursuant to paragraph (b) of subdivision three of section
thirty-three hundred forty-three-a of this article, for the purposes of:
(i) consulting the prescription monitoring program registry to review
the controlled substances history of an individual for whom one or more
prescriptions for controlled substances OR CERTIFICATIONS FOR MARIHUANA
is presented to the pharmacist, pursuant to section thirty-three hundred
S. 7923 15
forty-three-a of this article; and (ii) receiving from the department
such notifications of controlled substance activity as are made avail-
able by the department[.]; OR
(C) AN INDIVIDUAL EMPLOYED BY A REGISTERED ORGANIZATION FOR THE
PURPOSE OF CONSULTING THE PRESCRIPTION MONITORING PROGRAM REGISTRY TO
REVIEW THE CONTROLLED SUBSTANCES HISTORY OF AN INDIVIDUAL FOR WHOM ONE
OR MORE CERTIFICATIONS FOR MARIHUANA IS PRESENTED TO THAT REGISTERED
ORGANIZATION, PURSUANT TO SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF
THIS ARTICLE. UNLESS OTHERWISE AUTHORIZED BY THIS ARTICLE, AN INDIVIDUAL
EMPLOYED BY A REGISTERED ORGANIZATION WILL BE PROVIDED ACCESS TO THE
PRESCRIPTION MONITORING PROGRAM IN THE SOLE DISCRETION OF THE COMMIS-
SIONER.
S 4. The tax law is amended by adding a new article 20-B to read as
follows:
ARTICLE 20-B
EXCISE TAX ON MEDICAL MARIHUANA
SECTION 490. DEFINITIONS.
491. RETURNS TO BE SECRET.
S 490. DEFINITIONS. 1. (A) ALL DEFINITIONS OF TERMS APPLICABLE TO
TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW SHALL
APPLY TO THIS ARTICLE.
(B) AS USED IN THIS SECTION, WHERE NOT OTHERWISE SPECIFICALLY DEFINED
AND UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED "GROSS RECEIPT" MEANS
THE AMOUNT RECEIVED IN OR BY REASON OF ANY SALE, CONDITIONAL OR OTHER-
WISE, OF MEDICAL MARIHUANA OR IN OR BY REASON OF THE FURNISHING OF
MEDICAL MARIHUANA FROM THE SALE OF MEDICAL MARIHUANA PROVIDED BY A
REGISTERED ORGANIZATION TO A CERTIFIED PATIENT OR DESIGNATED CAREGIVER.
GROSS RECEIPT IS EXPRESSED IN MONEY, WHETHER PAID IN CASH, CREDIT OR
PROPERTY OF ANY KIND OR NATURE, AND SHALL BE DETERMINED WITHOUT ANY
DEDUCTION THEREFROM ON ACCOUNT OF THE COST OF THE SERVICE SOLD OR THE
COST OF MATERIALS, LABOR OR SERVICES USED OR OTHER COSTS, INTEREST OR
DISCOUNT PAID, OR ANY OTHER EXPENSES WHATSOEVER. "AMOUNT RECEIVED" FOR
THE PURPOSE OF THE DEFINITION OF GROSS RECEIPT, AS THE TERM GROSS
RECEIPT IS USED THROUGHOUT THIS ARTICLE, MEANS THE AMOUNT CHARGED FOR
THE PROVISION OF MEDICAL MARIHUANA.
2. THERE IS HEREBY IMPOSED AN EXCISE TAX ON THE GROSS RECEIPTS FROM
THE SALE OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION TO A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER, TO BE PAID BY THE REGISTERED
ORGANIZATION, AT THE RATE OF SEVEN PERCENT. THE TAX IMPOSED BY THIS
ARTICLE SHALL BE CHARGED AGAINST AND BE PAID BY THE REGISTERED ORGANIZA-
TION AND SHALL NOT BE ADDED AS A SEPARATE CHARGE OR LINE ITEM ON ANY
SALES SLIP, INVOICE, RECEIPT OR OTHER STATEMENT OR MEMORANDUM OF THE
PRICE GIVEN TO THE RETAIL CUSTOMER.
3. THE COMMISSIONER MAY MAKE, ADOPT AND AMEND RULES, REGULATIONS,
PROCEDURES AND FORMS NECESSARY FOR THE PROPER ADMINISTRATION OF THIS
ARTICLE.
4. EVERY REGISTERED ORGANIZATION THAT MAKES SALES OF MEDICAL MARIHUANA
SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE SHALL, ON OR BEFORE THE TWEN-
TIETH DATE OF EACH MONTH, FILE WITH THE COMMISSIONER A RETURN ON FORMS
TO BE PRESCRIBED BY THE COMMISSIONER, SHOWING ITS RECEIPTS FROM THE
RETAIL SALE OF MEDICAL MARIHUANA DURING THE PRECEDING CALENDAR MONTH AND
THE AMOUNT OF TAX DUE THEREON. SUCH RETURNS SHALL CONTAIN SUCH FURTHER
INFORMATION AS THE COMMISSIONER MAY REQUIRE. EVERY REGISTERED ORGANIZA-
TION REQUIRED TO FILE A RETURN UNDER THIS SECTION SHALL, AT THE TIME OF
FILING SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL AMOUNT OF TAX DUE
ON ITS RETAIL SALES OF MEDICAL MARIHUANA FOR THE PERIOD COVERED BY SUCH
S. 7923 16
RETURN. IF A RETURN IS NOT FILED WHEN DUE, THE TAX SHALL BE DUE ON THE
DAY ON WHICH THE RETURN IS REQUIRED TO BE FILED.
5. WHENEVER THE COMMISSIONER SHALL DETERMINE THAT ANY MONEYS RECEIVED
UNDER THE PROVISIONS OF THIS ARTICLE WERE PAID IN ERROR, HE MAY CAUSE
THE SAME TO BE REFUNDED, WITH INTEREST, IN ACCORDANCE WITH SUCH RULES
AND REGULATIONS AS HE MAY PRESCRIBE, EXCEPT THAT NO INTEREST SHALL BE
ALLOWED OR PAID IF THE AMOUNT THEREOF WOULD BE LESS THAN ONE DOLLAR.
SUCH INTEREST SHALL BE AT THE OVERPAYMENT RATE SET BY THE COMMISSIONER
PURSUANT TO SUBDIVISION TWENTY-SIXTH OF SECTION ONE HUNDRED SEVENTY-ONE
OF THIS CHAPTER, OR IF NO RATE IS SET, AT THE RATE OF SIX PERCENT PER
ANNUM, FROM THE DATE WHEN THE TAX, PENALTY OR INTEREST TO BE REFUNDED
WAS PAID TO A DATE PRECEDING THE DATE OF THE REFUND CHECK BY NOT MORE
THAN THIRTY DAYS. PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS
SUBDIVISION, ANY TAX PAID BEFORE THE LAST DAY PRESCRIBED FOR ITS PAYMENT
SHALL BE DEEMED TO HAVE BEEN PAID ON SUCH LAST DAY. SUCH MONEYS RECEIVED
UNDER THE PROVISIONS OF THIS ARTICLE WHICH THE COMMISSIONER SHALL DETER-
MINE WERE PAID IN ERROR, MAY BE REFUNDED OUT OF FUNDS IN THE CUSTODY OF
THE COMPTROLLER TO THE CREDIT OF SUCH TAXES PROVIDED AN APPLICATION
THEREFOR IS FILED WITH THE COMMISSIONER WITHIN TWO YEARS FROM THE TIME
THE ERRONEOUS PAYMENT WAS MADE.
6. THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER SHALL APPLY
TO THE TAX IMPOSED BY THIS ARTICLE IN THE SAME MANNER AND WITH THE SAME
FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH ARTICLE HAD BEEN INCORPO-
RATED IN FULL INTO THIS SECTION AND HAD EXPRESSLY REFERRED TO THE TAX
IMPOSED BY THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH
ARTICLE IS EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS
NOT RELEVANT TO THIS ARTICLE.
7. ALL TAXES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE
COMMISSIONER UNDER THIS ARTICLE SHALL BE DEPOSITED AND DISPOSED OF
PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SEVENTY-ONE-A OF THIS
CHAPTER, PROVIDED THAT AN AMOUNT EQUAL TO ONE HUNDRED PERCENT COLLECTED
UNDER THIS ARTICLE LESS ANY AMOUNT DETERMINED BY THE COMMISSIONER TO BE
RESERVED BY THE COMPTROLLER FOR REFUNDS OR REIMBURSEMENTS SHALL BE PAID
BY THE COMPTROLLER TO THE CREDIT OF THE MEDICAL MARIHUANA TRUST FUND
ESTABLISHED BY SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
8. A REGISTERED ORGANIZATION THAT DISPENSES MEDICAL MARIHUANA SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
SHALL OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE THE
MEDICAL MARIHUANA WAS MANUFACTURED.
S 491. RETURNS TO BE SECRET. 1. EXCEPT IN ACCORDANCE WITH PROPER JUDI-
CIAL ORDER OR AS IN THIS SECTION OR OTHERWISE PROVIDED BY LAW, IT SHALL
BE UNLAWFUL FOR THE COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
MENT, OR ANY OFFICER OR PERSON WHO, PURSUANT TO THIS SECTION, IS PERMIT-
TED TO INSPECT ANY RETURN OR REPORT OR TO WHOM A COPY, AN ABSTRACT OR A
PORTION OF ANY RETURN OR REPORT IS FURNISHED, OR TO WHOM ANY INFORMATION
CONTAINED IN ANY RETURN OR REPORT IS FURNISHED, OR ANY PERSON ENGAGED OR
RETAINED BY SUCH DEPARTMENT ON AN INDEPENDENT CONTRACT BASIS OR ANY
PERSON WHO IN ANY MANNER MAY ACQUIRE KNOWLEDGE OF THE CONTENTS OF A
RETURN OR REPORT FILED PURSUANT TO THIS ARTICLE TO DIVULGE OR MAKE KNOWN
IN ANY MANNER THE CONTENTS OR ANY OTHER INFORMATION RELATING TO THE
BUSINESS OF A DISTRIBUTOR, OWNER OR OTHER PERSON CONTAINED IN ANY RETURN
OR REPORT REQUIRED UNDER THIS ARTICLE. THE OFFICERS CHARGED WITH THE
CUSTODY OF SUCH RETURNS OR REPORTS SHALL NOT BE REQUIRED TO PRODUCE ANY
OF THEM OR EVIDENCE OF ANYTHING CONTAINED IN THEM IN ANY ACTION OR
S. 7923 17
PROCEEDING IN ANY COURT, EXCEPT ON BEHALF OF THE STATE, THE STATE
DEPARTMENT OF HEALTH, OR THE COMMISSIONER IN AN ACTION OR PROCEEDING
UNDER THE PROVISIONS OF THIS CHAPTER OR ON BEHALF OF THE STATE OR THE
COMMISSIONER IN ANY OTHER ACTION OR PROCEEDING INVOLVING THE COLLECTION
OF A TAX DUE UNDER THIS CHAPTER TO WHICH THE STATE OR THE COMMISSIONER
IS A PARTY OR A CLAIMANT OR ON BEHALF OF ANY PARTY TO ANY ACTION OR
PROCEEDING UNDER THE PROVISIONS OF THIS ARTICLE, WHEN THE RETURNS OR THE
REPORTS OR THE FACTS SHOWN THEREBY ARE DIRECTLY INVOLVED IN SUCH ACTION
OR PROCEEDING, OR IN AN ACTION OR PROCEEDING RELATING TO THE REGULATION
OR TAXATION OF MEDICAL MARIHUANA ON BEHALF OF OFFICERS TO WHOM INFORMA-
TION SHALL HAVE BEEN SUPPLIED AS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION, IN ANY OF WHICH EVENTS THE COURT MAY REQUIRE THE PRODUCTION OF,
AND MAY ADMIT IN EVIDENCE SO MUCH OF SAID RETURNS OR REPORTS OR OF THE
FACTS SHOWN THEREBY AS ARE PERTINENT TO THE ACTION OR PROCEEDING AND NO
MORE. NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THE COMMISSIONER, IN
HIS OR HER DISCRETION, FROM ALLOWING THE INSPECTION OR DELIVERY OF A
CERTIFIED COPY OF ANY RETURN OR REPORT FILED UNDER THIS ARTICLE OR OF
ANY INFORMATION CONTAINED IN ANY SUCH RETURN OR REPORT BY OR TO A DULY
AUTHORIZED OFFICER OR EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH; OR BY
OR TO THE ATTORNEY GENERAL OR OTHER LEGAL REPRESENTATIVES OF THE STATE
WHEN AN ACTION SHALL HAVE BEEN RECOMMENDED OR COMMENCED PURSUANT TO THIS
CHAPTER IN WHICH SUCH RETURNS OR REPORTS OR THE FACTS SHOWN THEREBY ARE
DIRECTLY INVOLVED; OR THE INSPECTION OF THE RETURNS OR REPORTS REQUIRED
UNDER THIS ARTICLE BY THE COMPTROLLER OR DULY DESIGNATED OFFICER OR
EMPLOYEE OF THE STATE DEPARTMENT OF AUDIT AND CONTROL, FOR PURPOSES OF
THE AUDIT OF A REFUND OF ANY TAX PAID BY A REGISTERED ORGANIZATION OR
OTHER PERSON UNDER THIS ARTICLE; NOR TO PROHIBIT THE DELIVERY TO A
REGISTERED ORGANIZATION, OR A DULY AUTHORIZED REPRESENTATIVE OF SUCH
REGISTERED ORGANIZATION, A CERTIFIED COPY OF ANY RETURN OR REPORT FILED
BY SUCH REGISTERED ORGANIZATION PURSUANT TO THIS ARTICLE, NOR TO PROHIB-
IT THE PUBLICATION OF STATISTICS SO CLASSIFIED AS TO PREVENT THE IDEN-
TIFICATION OF PARTICULAR RETURNS OR REPORTS AND THE ITEMS THEREOF.
2. THE COMMISSIONER, IN HIS OR HER DISCRETION AND PURSUANT TO SUCH
RULES AND REGULATIONS AS HE OR SHE MAY ADOPT, MAY PERMIT THE COMMISSION-
ER OF INTERNAL REVENUE OF THE UNITED STATES, OR THE APPROPRIATE OFFICERS
OF ANY OTHER STATE WHICH REGULATES OR TAXES MEDICAL MARIHUANA, OR THE
DULY AUTHORIZED REPRESENTATIVES OF SUCH COMMISSIONER OR OF ANY SUCH
OFFICERS, TO INSPECT RETURNS OR REPORTS MADE PURSUANT TO THIS ARTICLE,
OR MAY FURNISH TO SUCH COMMISSIONER OR OTHER OFFICERS, OR DULY AUTHOR-
IZED REPRESENTATIVES, A COPY OF ANY SUCH RETURN OR REPORT OR AN ABSTRACT
OF THE INFORMATION THEREIN CONTAINED, OR ANY PORTION THEREOF, OR MAY
SUPPLY SUCH COMMISSIONER OR ANY SUCH OFFICERS OR SUCH REPRESENTATIVES
WITH INFORMATION RELATING TO THE BUSINESS OF A REGISTERED ORGANIZATION
MAKING RETURNS OR REPORTS HEREUNDER. THE COMMISSIONER MAY REFUSE TO
SUPPLY INFORMATION PURSUANT TO THIS SUBDIVISION TO THE COMMISSIONER OF
INTERNAL REVENUE OF THE UNITED STATES OR TO THE OFFICERS OF ANY OTHER
STATE IF THE STATUTES OF THE UNITED STATES, OR OF THE STATE REPRESENTED
BY SUCH OFFICERS, DO NOT GRANT SUBSTANTIALLY SIMILAR PRIVILEGES TO THE
COMMISSIONER, BUT SUCH REFUSAL SHALL NOT BE MANDATORY. INFORMATION SHALL
NOT BE SUPPLIED TO THE COMMISSIONER OF INTERNAL REVENUE OF THE UNITED
STATES OR THE APPROPRIATE OFFICERS OF ANY OTHER STATE WHICH REGULATES OR
TAXES MEDICAL MARIHUANA, OR THE DULY AUTHORIZED REPRESENTATIVES OF SUCH
COMMISSIONER OR OF ANY OF SUCH OFFICERS, UNLESS SUCH COMMISSIONER, OFFI-
CER OR OTHER REPRESENTATIVES SHALL AGREE NOT TO DIVULGE OR MAKE KNOWN IN
ANY MANNER THE INFORMATION SO SUPPLIED, BUT SUCH OFFICERS MAY TRANSMIT
SUCH INFORMATION TO THEIR EMPLOYEES OR LEGAL REPRESENTATIVES WHEN NECES-
S. 7923 18
SARY, WHO IN TURN SHALL BE SUBJECT TO THE SAME RESTRICTIONS AS THOSE
HEREBY IMPOSED UPON SUCH COMMISSIONER, OFFICER OR OTHER REPRESENTATIVES.
3. (A) ANY OFFICER OR EMPLOYEE OF THE STATE WHO WILLFULLY VIOLATES THE
PROVISIONS OF SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE DISMISSED
FROM OFFICE AND BE INCAPABLE OF HOLDING ANY PUBLIC OFFICE IN THIS STATE
FOR A PERIOD OF FIVE YEARS THEREAFTER.
(B) CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
OF THIS CHAPTER.
S 5. The state finance law is amended by adding a new section 89-h to
read as follows:
S 89-H. MEDICAL MARIHUANA TRUST FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "MEDICAL MARIHUA-
NA TRUST FUND."
2. THE MEDICAL MARIHUANA TRUST FUND SHALL CONSIST OF ALL MONEYS
REQUIRED TO BE DEPOSITED IN THE MEDICAL MARIHUANA TRUST FUND PURSUANT TO
THE PROVISIONS OF SECTION FOUR HUNDRED NINETY OF THE TAX LAW.
3. THE MONEYS IN THE MEDICAL MARIHUANA TRUST FUND SHALL BE KEPT SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
4. THE MONEYS OF THE MEDICAL MARIHUANA TRUST FUND, FOLLOWING APPROPRI-
ATION BY THE LEGISLATURE, SHALL BE ALLOCATED UPON A CERTIFICATE OF
APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET AS FOLLOWS: (A)
TWENTY-TWO AND FIVE-TENTHS PERCENT OF THE MONIES SHALL BE TRANSFERRED TO
THE COUNTIES IN NEW YORK STATE IN WHICH THE MEDICAL MARIHUANA WAS MANU-
FACTURED AND ALLOCATED IN PROPORTION TO THE GROSS SALES ORIGINATING FROM
MEDICAL MARIHUANA MANUFACTURED IN EACH SUCH COUNTY; (B) TWENTY-TWO AND
FIVE-TENTHS PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE COUNTIES
IN NEW YORK STATE IN WHICH THE MEDICAL MARIHUANA WAS DISPENSED AND ALLO-
CATED IN PROPORTION TO THE GROSS SALES OCCURRING IN EACH SUCH COUNTY;
(C) FIVE PERCENT OF THE MONIES SHALL BE TRANSFERRED TO THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, WHICH SHALL USE THAT REVENUE
FOR ADDITIONAL DRUG ABUSE PREVENTION, COUNSELING AND TREATMENT SERVICES;
AND (D) FIVE PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE
TRANSFERRED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH SHALL
USE THAT REVENUE FOR A PROGRAM OF DISCRETIONARY GRANTS TO STATE AND
LOCAL LAW ENFORCEMENT AGENCIES THAT DEMONSTRATE A NEED RELATING TO TITLE
FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW; SAID GRANTS
COULD BE USED FOR PERSONNEL COSTS OF STATE AND LOCAL LAW ENFORCEMENT
AGENCIES. FOR PURPOSES OF THIS SUBDIVISION, THE CITY OF NEW YORK SHALL
BE DEEMED TO BE A COUNTY.
S 6. Subdivision 1 of section 171-a of the tax law, as amended by
section 1 of part R of chapter 60 of the laws of 2004, is amended to
read as follows:
1. All taxes, interest, penalties and fees collected or received by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise provided in section two hundred five thereof), nine-A,
twelve-A (except as otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise provided in
section three hundred twelve thereof), eighteen, nineteen, twenty
(except as otherwise provided in section four hundred eighty-two there-
of), TWENTY-B twenty-one, twenty-two, twenty-six, twenty-six-B, twenty-
eight (except as otherwise provided in section eleven hundred two or
eleven hundred three thereof), twenty-eight-A, thirty-one (except as
otherwise provided in section fourteen hundred twenty-one thereof),
S. 7923 19
thirty-two, thirty-three and thirty-three-A of this chapter shall be
deposited daily in one account with such responsible banks, banking
houses or trust companies as may be designated by the comptroller, to
the credit of the comptroller. Such an account may be established in one
or more of such depositories. Such deposits shall be kept separate and
apart from all other money in the possession of the comptroller. The
comptroller shall require adequate security from all such depositories.
Of the total revenue collected or received under such articles of this
chapter, the comptroller shall retain in the comptroller's hands such
amount as the commissioner may determine to be necessary for refunds or
reimbursements under such articles of this chapter and article ten ther-
eof out of which amount the comptroller shall pay any refunds or
reimbursements to which taxpayers shall be entitled under the provisions
of such articles of this chapter and article ten thereof. The commis-
sioner and the comptroller shall maintain a system of accounts showing
the amount of revenue collected or received from each of the taxes
imposed by such articles. The comptroller, after reserving the amount to
pay such refunds or reimbursements, shall, on or before the tenth day of
each month, pay into the state treasury to the credit of the general
fund all revenue deposited under this section during the preceding
calendar month and remaining to the comptroller's credit on the last day
of such preceding month, (i) except that the comptroller shall pay to
the state department of social services that amount of overpayments of
tax imposed by article twenty-two of this chapter and the interest on
such amount which is certified to the comptroller by the commissioner as
the amount to be credited against past-due support pursuant to subdivi-
sion six of section one hundred seventy-one-c of this chapter, (ii) and
except that the comptroller shall pay to the New York state higher
education services corporation and the state university of New York or
the city university of New York respectively that amount of overpayments
of tax imposed by article twenty-two of this chapter and the interest on
such amount which is certified to the comptroller by the commissioner as
the amount to be credited against the amount of defaults in repayment of
guaranteed student loans and state university loans or city university
loans pursuant to subdivision five of section one hundred seventy-one-d
and subdivision six of section one hundred seventy-one-e of this chap-
ter, (iii) and except further that, notwithstanding any law, the comp-
troller shall credit to the revenue arrearage account, pursuant to
section ninety-one-a of the state finance law, that amount of overpay-
ment of tax imposed by article nine, nine-A, twenty-two, thirty, thir-
ty-A, thirty-B, thirty-two or thirty-three of this chapter, and any
interest thereon, which is certified to the comptroller by the commis-
sioner as the amount to be credited against a past-due legally enforcea-
ble debt owed to a state agency pursuant to paragraph (a) of subdivision
six of section one hundred seventy-one-f of this article, provided,
however, he shall credit to the special offset fiduciary account, pursu-
ant to section ninety-one-c of the state finance law, any such amount
creditable as a liability as set forth in paragraph (b) of subdivision
six of section one hundred seventy-one-f of this article, (iv) and
except further that the comptroller shall pay to the city of New York
that amount of overpayment of tax imposed by article nine, nine-A, twen-
ty-two, thirty, thirty-A, thirty-B, thirty-two, or thirty-three of this
chapter and any interest thereon that is certified to the comptroller by
the commissioner as the amount to be credited against city of New York
tax warrant judgment debt pursuant to section one hundred seventy-one-l
of this article, (v) and except further that the comptroller shall pay
S. 7923 20
to a non-obligated spouse that amount of overpayment of tax imposed by
article twenty-two of this chapter and the interest on such amount which
has been credited pursuant to section one hundred seventy-one-c, one
hundred seventy-one-d, one hundred seventy-one-e, one hundred seventy-
one-f or one hundred seventy-one-l of this article and which is certi-
fied to the comptroller by the commissioner as the amount due such non-
obligated spouse pursuant to paragraph six of subsection (b) of section
six hundred fifty-one of this chapter; and (vi) the comptroller shall
deduct a like amount which the comptroller shall pay into the treasury
to the credit of the general fund from amounts subsequently payable to
the department of social services, the state university of New York, the
city university of New York, or the higher education services corpo-
ration, or the revenue arrearage account or special offset fiduciary
account pursuant to section ninety-one-a or ninety-one-c of the state
finance law, as the case may be, whichever had been credited the amount
originally withheld from such overpayment, and (vii) with respect to
amounts originally withheld from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the city of New
York, the comptroller shall collect a like amount from the city of New
York.
S 7. Subdivision 1 of section 171-a of the tax law, as amended by
section 54 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
1. All taxes, interest, penalties and fees collected or received by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise provided in section two hundred five thereof), nine-A,
twelve-A (except as otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise provided in
section three hundred twelve thereof), eighteen, nineteen, twenty
(except as otherwise provided in section four hundred eighty-two there-
of), TWENTY-B, twenty-one, twenty-two, twenty-six, twenty-six-B, twen-
ty-eight (except as otherwise provided in section eleven hundred two or
eleven hundred three thereof), twenty-eight-A, thirty-one (except as
otherwise provided in section fourteen hundred twenty-one thereof),
thirty-three and thirty-three-A of this chapter shall be deposited daily
in one account with such responsible banks, banking houses or trust
companies as may be designated by the comptroller, to the credit of the
comptroller. Such an account may be established in one or more of such
depositories. Such deposits shall be kept separate and apart from all
other money in the possession of the comptroller. The comptroller shall
require adequate security from all such depositories. Of the total
revenue collected or received under such articles of this chapter, the
comptroller shall retain in the comptroller's hands such amount as the
commissioner may determine to be necessary for refunds or reimbursements
under such articles of this chapter out of which amount the comptroller
shall pay any refunds or reimbursements to which taxpayers shall be
entitled under the provisions of such articles of this chapter. The
commissioner and the comptroller shall maintain a system of accounts
showing the amount of revenue collected or received from each of the
taxes imposed by such articles. The comptroller, after reserving the
amount to pay such refunds or reimbursements, shall, on or before the
tenth day of each month, pay into the state treasury to the credit of
the general fund all revenue deposited under this section during the
preceding calendar month and remaining to the comptroller's credit on
the last day of such preceding month, (i) except that the comptroller
S. 7923 21
shall pay to the state department of social services that amount of
overpayments of tax imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against past-due support
pursuant to subdivision six of section one hundred seventy-one-c of this
article, (ii) and except that the comptroller shall pay to the New York
state higher education services corporation and the state university of
New York or the city university of New York respectively that amount of
overpayments of tax imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against the amount of defaults
in repayment of guaranteed student loans and state university loans or
city university loans pursuant to subdivision five of section one
hundred seventy-one-d and subdivision six of section one hundred seven-
ty-one-e of this article, (iii) and except further that, notwithstanding
any law, the comptroller shall credit to the revenue arrearage account,
pursuant to section ninety-one-a of the state finance law, that amount
of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
thereon, which is certified to the comptroller by the commissioner as
the amount to be credited against a past-due legally enforceable debt
owed to a state agency pursuant to paragraph (a) of subdivision six of
section one hundred seventy-one-f of this article, provided, however, he
shall credit to the special offset fiduciary account, pursuant to
section ninety-one-c of the state finance law, any such amount credita-
ble as a liability as set forth in paragraph (b) of subdivision six of
section one hundred seventy-one-f of this article, (iv) and except
further that the comptroller shall pay to the city of New York that
amount of overpayment of tax imposed by article nine, nine-A, twenty-
two, thirty, thirty-A, thirty-B or thirty-three of this chapter and any
interest thereon that is certified to the comptroller by the commission-
er as the amount to be credited against city of New York tax warrant
judgment debt pursuant to section one hundred seventy-one-l of this
article, (v) and except further that the comptroller shall pay to a
non-obligated spouse that amount of overpayment of tax imposed by arti-
cle twenty-two of this chapter and the interest on such amount which has
been credited pursuant to section one hundred seventy-one-c, one hundred
seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or
one hundred seventy-one-l of this article and which is certified to the
comptroller by the commissioner as the amount due such non-obligated
spouse pursuant to paragraph six of subsection (b) of section six
hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
a like amount which the comptroller shall pay into the treasury to the
credit of the general fund from amounts subsequently payable to the
department of social services, the state university of New York, the
city university of New York, or the higher education services corpo-
ration, or the revenue arrearage account or special offset fiduciary
account pursuant to section ninety-one-a or ninety-one-c of the state
finance law, as the case may be, whichever had been credited the amount
originally withheld from such overpayment, and (vii) with respect to
amounts originally withheld from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the city of New
York, the comptroller shall collect a like amount from the city of New
York.
S 7-a. Section 853 of the general business law is amended by adding a
new subdivision 3 to read as follows:
S. 7923 22
3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
OF THE PUBLIC HEALTH LAW.
S 8. Section 221.00 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
Unless the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter. ANY ACT THAT IS
LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
S 9. The penal law is amended by adding a new article 179 to read as
follows:
ARTICLE 179
CRIMINAL DIVERSION OF MEDICAL MARIHUANA
SECTION 179.00 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; DEFINITIONS.
179.05 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; LIMITATIONS.
179.10 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST
DEGREE.
179.11 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE SECOND
DEGREE.
179.15 CRIMINAL RETENTION OF MEDICAL MARIHUANA.
S 179.00 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; DEFINITIONS.
THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
1. "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA AS DEFINED IN SUBDIVI-
SION EIGHT OF SECTION THIRTY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH
LAW.
2. "CERTIFICATION" MEANS A CERTIFICATION, MADE UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THE PUBLIC HEALTH LAW.
S 179.05 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; LIMITATIONS.
THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO:
1. A PRACTITIONER AUTHORIZED TO ISSUE A CERTIFICATION WHO ACTED IN
GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSION; OR
2. A REGISTERED ORGANIZATION AS THAT TERM IS DEFINED IN SUBDIVISION
NINE OF SECTION THIRTY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW WHO
ACTED IN GOOD FAITH IN THE LAWFUL COURSE OF THE PRACTICE OF PHARMACY; OR
3. A PERSON WHO ACTED IN GOOD FAITH SEEKING TREATMENT FOR MEDICAL
CONDITION OR ASSISTING ANOTHER PERSON TO OBTAIN TREATMENT FOR A MEDICAL
CONDITION.
S 179.10 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE.
A PERSON IS GUILTY OF CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE
FIRST DEGREE WHEN HE OR SHE IS A PRACTITIONER, AS THAT TERM IS DEFINED
IN SUBDIVISION TWELVE OF SECTION THIRTY-THREE HUNDRED SIXTY OF THE
PUBLIC HEALTH LAW, WHO ISSUES A CERTIFICATION WITH KNOWLEDGE OF REASON-
ABLE GROUNDS TO KNOW THAT (I) THE RECIPIENT HAS NO MEDICAL NEED FOR IT,
OR (II) IT IS FOR A PURPOSE OTHER THAN TO TREAT A SERIOUS CONDITION AS
DEFINED IN SUBDIVISION SEVEN OF SECTION THIRTY-THREE HUNDRED SIXTY OF
THE PUBLIC HEALTH LAW.
CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE IS A CLASS
E FELONY.
S 179.11 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE SECOND DEGREE.
A PERSON IS GUILTY OF CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE
SECOND DEGREE WHEN HE OR SHE SELLS, TRADES, DELIVERS, OR OTHERWISE
PROVIDES MEDICAL MARIHUANA TO ANOTHER WITH KNOWLEDGE OR REASONABLE
S. 7923 23
GROUNDS TO KNOW THAT THE RECIPIENT IS NOT REGISTERED UNDER TITLE FIVE-A
OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE SECOND DEGREE IS A
CLASS B MISDEMEANOR.
S 179.15 CRIMINAL RETENTION OF MEDICAL MARIHUANA.
A PERSON IS GUILTY OF CRIMINAL RETENTION OF MEDICAL MARIHUANA WHEN,
BEING A CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS THOSE TERMS ARE
DEFINED IN SUBDIVISIONS THREE AND FIVE OF SECTION THIRTY-THREE HUNDRED
SIXTY OF THE PUBLIC HEALTH LAW, RESPECTIVELY, HE OR SHE KNOWINGLY
OBTAINS, POSSESSES, STORES OR MAINTAINS AN AMOUNT OF MARIHUANA IN EXCESS
OF THE AMOUNT HE OR SHE IS AUTHORIZED TO POSSESS UNDER THE PROVISIONS OF
TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
CRIMINAL RETENTION OF MEDICAL MARIHUANA IS A CLASS A MISDEMEANOR.
S 10. The opening paragraph of subdivision 1 of section 216.00 of the
criminal procedure law, as added by section 4 of part AAA of chapter 56
of the laws of 2009, is amended to read as follows:
"Eligible defendant" means any person who stands charged in an indict-
ment or a superior court information with a class B, C, D or E felony
offense defined in article ONE HUNDRED SEVENTY-NINE, two hundred twenty
or two hundred twenty-one of the penal law or any other specified
offense as defined in subdivision four of section 410.91 of this chap-
ter, provided, however, a defendant is not an "eligible defendant" if he
or she:
S 11. Subdivision 5 of section 410.91 of the criminal procedure law,
as amended by section 8 of part AAA of chapter 56 of the laws of 2009,
is amended to read as follows:
5. For the purposes of this section, a "specified offense" is an
offense defined by any of the following provisions of the penal law:
burglary in the third degree as defined in section 140.20, criminal
mischief in the third degree as defined in section 145.05, criminal
mischief in the second degree as defined in section 145.10, grand larce-
ny in the fourth degree as defined in subdivision one, two, three, four,
five, six, eight, nine or ten of section 155.30, grand larceny in the
third degree as defined in section 155.35 (except where the property
consists of one or more firearms, rifles or shotguns), unauthorized use
of a vehicle in the second degree as defined in section 165.06, criminal
possession of stolen property in the fourth degree as defined in subdi-
vision one, two, three, five or six of section 165.45, criminal
possession of stolen property in the third degree as defined in section
165.50 (except where the property consists of one or more firearms,
rifles or shotguns), forgery in the second degree as defined in section
170.10, criminal possession of a forged instrument in the second degree
as defined in section 170.25, unlawfully using slugs in the first degree
as defined in section 170.60, CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN
THE FIRST DEGREE AS DEFINED IN SECTION 179.10 or an attempt to commit
any of the aforementioned offenses if such attempt constitutes a felony
offense; or a class B felony offense defined in article two hundred
twenty where a sentence is imposed pursuant to paragraph (a) of subdivi-
sion two of section 70.70 of the penal law; or any class C, class D or
class E controlled substance or marihuana felony offense as defined in
article two hundred twenty or two hundred twenty-one.
S 12. This act shall take effect immediately and shall expire and be
deemed repealed seven years after such date; provided that the amend-
ments to section 171-a of the tax law made by section seven of this act
shall take effect on the same date and in the same manner as section 54
of part A of chapter 59 of the laws of 2014 takes effect; and provided,
S. 7923 24
further, that the amendments to subdivision 5 of section 410.91 of the
criminal procedure law made by section eleven of this act shall not
affect the expiration and repeal of such section and shall expire and be
deemed repealed therewith.

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